The Safe-T Act is back in play after the Illinois Supreme Court’s Democrat majority ruled in favor of the bill eliminating cash bail for alleged criminals.
Illinois GOP Chairman Don Tracy is bemoaning the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act. That bill became a centerpiece in the 2022 fall elections before a lower court ruled it invalid on constitutional grounds. Following the ruling, cashless bail can be applied to even the worst crimes such as murder and rape.
“Today's Supreme Court ruling makes it painfully clear that elections have consequences,” Tracy said. “Democrats, first led by Mike Madigan and now by JB Pritzker, spent tens of millions of dollars to elect a 5-2 majority of Democrats on the Illinois Supreme Court. It is not surprising that the Court would vote along political lines to allow Governor Pritzker and the Democrat controlled legislature to disregard constitutionally protected rights of crime victims in abolishing cash bail. This historic change in criminal justice law, combined with progressive Democrat prosecutors like Kim Foxx and Eric Rhinehart, will significantly undermine public safety by releasing from custody dangerous, violent criminals at a time when police are under attack and Illinois families and crime victims already fear for their personal safety.”
In the landmark decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional, ABC7 Chicago reported, making Illinois the first state to eliminate cash bail. The 5-to-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new bail rules take effect.
Governor J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000, according to The Heartlander. Both justices voted in favor of reinstating cashless bail in the Safe-T Act. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.
“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth with the nonpartisan Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases they have found political donations to be so grave that there is a conflict of interest that is impermissible.”
After the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act. They express concerns that eliminating cash bail could endanger residents, narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, which according to KHQA would be on Sept. 18.
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